Consumer research studies are complex. When you need highly qualified experts to provide you with rebuttal surveys and reports for use in your intellectual property matters, consider Keegan & Donato Consulting.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation.
With more than 25 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato provide expert research, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation.
Our firm has been engaged by leading IP litigators across the nation, such as Notaro, Michalos & Zaccaria PC in New Jersey; Giampolo Law Group in Philadelphia; Morgan, Lewis & Bockius LLP in Boston; and Day Pitney LLP in New York City, to help them navigate the cases their clients face.
Rebuttal and Critique
Properly designing and executing consumer surveys requires training and expertise. With an unparalleled knowledge of the science and methodology behind consumer surveys, Keegan & Donato Consulting has the ability to identify flaws and weaknesses in a study that may not be apparent to an untrained eye, but may help you refute the credibility of an opposing expert’s work.
Issues surrounding sample selection, bias, or suggestive wording may cause a judge to discount all or part of a survey, or to reject a survey expert altogether. For example, in Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the plaintiff’s surveys were deemed inadmissible because they were considered unscientific and poorly constructed. The court also rejected the survey expert as unqualified “to design a survey or to interpret survey results” [see 45 F.Supp.3d 1167-1170].
When we rebut or critique a study, we look closely at how the research was conducted to ensure than an expert’s report is consistent with consumer survey best practices. Our typical examination may include an analysis of:
- the opposing expert’s training and credentials
- the survey design
- the survey methodology
- the types of questions asked and their wording
- the ordering and structure of the questions
- the procedures used to minimize potential biases in data collection
- how the survey universe was defined
- the sampling frame used to identify the population
- the method of screening and selecting survey respondents
- how the survey data was analyzed and reported
In addition to rebutting a study itself, Keegan & Donato Consulting is often enlisted for advice on how to approach an opposing expert’s deposition. We can counsel you on specific survey-related issues to address with the expert and on areas of questioning about survey research in general.
When you face tough survey evidence from a top name in the field, rebuttal surveys and reports from the experts at Keegan & Donato Consulting can help. Get in touch with us at (914) 967-9421 to learn how we can work with you.